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Court ruling sought on ballot issue

McMaster asked to help on half-cent question
BY ROBERT BEHRE
Of The Post and Courier Staff

Three days after S.C. Attorney General Henry McMaster's office raised questions about the legality of Charleston County's half-cent sales tax ballot, the county will ask him to help resolve the issue once and for all.

Council members unanimously voted Thursday to ask McMaster to join the county in asking the S.C. Supreme Court for a ruling on the ballot wording.

If McMaster and the court agree, which some county officials consider a long-shot, the court could postpone the Nov. 2 vote or force the use of separate paper ballots for the issue.

Councilman Leon Stavrinakis, himself a lawyer, doesn't expect that.

"I don't think the attorney general is going to cooperate," he said. "I also would be very surprised if the Supreme Court stepped in before the election and stopped it. There's a procedure for challenging elections, and this isn't it."

Still, council's move provides an answer to an attorney general's opinion issued Monday advising council to seek such clarification. The opinion was requested by state Sen. Glenn McConnell, R-Charleston, and others.

County Council also gave initial approval to moving ahead with an ordinance spelling out in greater detail how it would spend the $1.3 billion the tax would raise.

Councilman Tim Scott agreed to amend the ordinance to call for a comprehensive transportation plan that would include an inventory of all roads and travel patterns, a forecast of the county's needs over the next 25 years and an analysis of scenarios that could control traffic congestion.

"I hope it erodes any question about the sincerity of council," Scott said. "Our objective is to find a way for the public to see the facts."

Scott said the ordinance, if approved, would bind council more than did a similar resolution it passed earlier this week.The proposed ordinance addresses one of two concerns that a nonprofit environmental group raised when announcing its intention to battle the tax. The Coastal Conservation League also wanted the county to create a citizens group to advise the council on spending the road money. The council's resolution calls for the Charleston Transportation Committee to serve in that capacity.

Eric Meyer of the Coastal Conservation League was hesitant to say how the changes might affect the league's position but did say, "It's an encouraging first step, and we look forward to working with council members over the next few days."

Council members are set to take a first formal vote on the ordinance at 7 p.m. Tuesday.


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